2009-11-03 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, November 3, 2009
Regular Meeting 6:00 P.M. City Council Chambers
The following members of the Council were present:
Mayor Tim O'Hare
Mayor Pro Tem David Koch
Deputy Mayor Pro Tem Tim Scott
Council members Harold Froehlich
Ben Robinson
Michelle Holmes
The following members of the Administration were present:
City Manager Gary D. Greer
Assistant City Manager Matt Benoit
City Secretary Cindee Peters
Acting Assistant City Manager Traci Leach
City Attorney Pete Smith
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
City Engineer Jerry Murawski
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Fire Chief Kyle King
Director of Equipment Services Kevin Muenchow
Planning Director Andy Gillies
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Brother Eddy Ketchersid gave the invocation and Mayor Pro Tem David Koch led the
pledge of allegiance.
B.2 RECOGNITION OF RESIDENT ARTIST WILLIE WAYNE YOUNG.
Mayor O'Hare explained that nationally renowned artist Willie Wayne Young's sketches
have been featured in galleries in Chicago, New York, New Jersey, and Philadelphia.
Mr. Young is currently exhibiting work at the African American Museum in Fair Park
through November 29, 2009.
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Mayor O'Hare presented Mr. Young with a proclamation.
B.3 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY
EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING
BEAUTIFICATION TO THE CITY.
Mayor O'Hare explained one of the Goals of the City Council is to improve the
appearance of the City of Farmers Branch by encouraging neighborhood beautification.
The Yard of the Month program, begun on August 1, 2007, was put into place to achieve
this goal, and to recognize homeowners who added beauty to their neighborhood with the
landscaping and upkeep of their yard. The City was divided into quadrants, therefore
awarding four yards each month. The panel of judges comprised of various City staff,
City officials and horticulture specialists changes each month.
The awards for November Yards of the Month are:
NW - Lisa Windfield - 13637 Onyx - not here
NE - Danny & Mary Fregia - 14282 Southern Pines - not here
SW- Frank & Brenda Gregg - 3056 Randy - present
SE - Bayron and Maria Sandoval- 12607 Keyport - not here
B.4 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Councilman Froehlich, a second by Councilman Scott, all voting "aye",
reappointed Gary Greer and Michael Fitzpatrick to the Valwood Improvement Authority.
B.5 REPORT ON STUDY SESSION ITEMS.
Members of the City Council gave a brief explanation of items discussed in study
session.
B.6 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO SECTION
551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY COUNCIL MAY
REPORT ON THE FOLLOWING ITEMS: 1.) EXPRESSION OF THANKS,
CONGRATULATIONS OR CONDOLENCES, 2.) INFORMATION ABOUT
HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.) REMINDERS
ABOUT UPCOMING CITY EVENTS, 5.) INFORMATION ABOUT COMMUNITY
EVENTS AND 6.) ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO
PUBLIC HEALTH AND SAFETY.
Mayor O'Hare reminded everyone that today was Election Day and encouraged
everyone to vote, invited citizens to the Veteran's Day celebration next week at the
Senior Center and encouraged citizens to attend the Town Hall meeting on November
5th
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Mayor O'Hare stated consent items are items that are to be considered that may not need
discussion individually. Any member of the City Council or the audience may request to
withdraw any item from the consent items and place the item before the Council for full
discussion. The concept for consent items is to speed up discussion for those items that
need more time for discussion.
A motion by Mayor Pro Tem Koch, a second by Councilman Froehlich, all voting "aye",
approved the consent agenda.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 20,
2009.
C.2 ADOPTED RESOLUTION NO. 2009-083 AUTHORIZING THE CITY
MANAGER TO PURSUE ALL ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANTS FUNDING MADE AVAILABLE
THROUGH AMERICAN RECOVERY AND REINVESTMENT ACT.
C.3 ADOPTED RESOLUTION NO. 2009-082 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH WEAVER BOOS
CONSULTANTS-SW FOR PHASE C LANDFILL GAS COLLECTION
SYSTEM EXPANSION.
CA ADOPTED ORDINANCE NO. 3063 VACATING ALL PREVIOUS VIVIAN
FIELD MIDDLE SCHOOL PLATS AND APPROVING THE FINAL PLAT OF
VIVIAN FIELD MIDDLE SCHOOL CAMPUS ADDITION.
ORDINANCE NO. 3063
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
VACATING THE JIM ANDREWS SUBDIVISION, VIVIAN FIELD
MIDDLE SCHOOL ADDITION AND VIVIAN FIELD MIDDLE
SCHOOL REVISED; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS
ORDINANCE IN THE OFFICIAL PUBLIC RECORDS OF DALLAS
COUNTY, TEXAS.
C.5 APPROVED RESOLUTION NO. 2009-086 CASTING A VOTE FOR A
NOMINEE TO THE DALLAS CENTRAL APPRAISAL DISTRICT BOARD
OF DIRECTORS.
D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3062 APPROVING
THE REQUEST OF RALSTON VALLEY VIEW, LTD. FOR A SPECIFIC USE
PERMIT-INTERIM USE (8 YEAR PERIOD) ALLOWING LIMITED MOTOR
VEHICLE PARTS INSTALLATION AND COMMERCIAL PARKING GARAGE AT
13450 NORTH STEMMONS, SUITE 100, LOCATED IN THE PLANNED
DEVELOPMENT NO. 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE
ACTION.
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Andy Gillies, Planning Director, explained this case was heard by the City Council on
October 20 and continued to this meeting. At the October 20th public hearing the City
Council was reluctant to approve this request for an indefinite time period and advised
the applicant to revise the SUP request for a limited period of time. The applicant has
now revised the SUP application and is requesting a minimum of 8 years. The applicant
is stating they need eight years to recoup their investment. The owner of the property and
the tenant plan to invest $252,000 in the building to accommodate the new business.
Therefore, the term of the SUP-Interim Use must be no less than 8 years. Any reduction
in this time period would require another continuation of the public hearing and revision
of the SUP request.
The subject property is a 2.34 acre site with an existing warehouse/office building
containing 57,000 square feet. The building is divided into 4 suites. The applicant and
owner, Ralston Valley View, LTD., proposes to use the southernmost suite, Suite 100, for
either a motor vehicle parts installation business or as a parking garage for vehicle
storage. Suite 100 consists of approximately 11,000 square feet. No outdoor display or
storage is included with this request. All activities associated with the requested uses will
be performed inside Suite 100.
The applicant will be required to comply with all building code standards for any
business before obtaining a Certificate of Occupancy.
Mayor O'Hare opened the public hearing.
No one spoke.
A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye",
closed the public hearing.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
approved Ordinance No. 3062 for a Specific Use Permit- Interim Use (8 year period) and
associated Site Plan allowing motor vehicle parts installation and commercial parking
garage located at 13450 North Stemmons, Suite 100 with the following conditions:
The interim use period for these abovementioned activities shall not exceed eight (8)
years;
ORDINANCE NO. 3062
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING
MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A
SPECIFIC USE PERMIT-INTERIM USE WITH SPECIAL CONDITIONS TO
ALLOW MOTOR VEHICLE REPAIR, PARTS INSTALLATION OR A
COMMERCIAL PARKING GARAGE ON A PORTION OF AN
APPROXIMATELY 2.3401 ACRE TRACT OF LAND LOCATED WITHIN
PLANNED DEVELOPMENT NO. 70 "OLD FARMERS BRANCH -
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FREEWAY SUBDISTRICT" (PD-70-OFB-FW) ZONING DISTRICT; AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, AND GENERALLY LOCATED AT 13450 NORTH STEMMONS
FREEWAY, SUITE 100; PROVIDING FOR THE APPROVAL OF THE SITE
PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR ADDITIONAL
SPECIAL CONDITIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A THIS ORDINANCE TO CONTROL IN EVENT OF CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN
EFFECTIVE DATE.
E.1 CONSIDER ADOPTING ORDINANCE NO. 3054 AMENDING CHAPTER 50 OF
THE CODE OF ORDINANCES ALLOWING THE POSSESSION AND
CONSUMPTION OF ALCOHOLIC BEVERAGES FOR APPROVED EVENTS IN
CITY PARKS AND ADOPTING THE POLICY REGARDING SERVICE OF
ALCOHOLIC BEVERAGES IN PUBLIC PARKS IN THE CITY OF FARMERS
BRANCH; AND TAKE APPROPRIATE ACTION.
Jeff Harting, Asst. Director of Parks & Recreation, explained for several years, the City
and the local hoteliers have evaluated ways to increase Historical Park events and rentals,
which would benefit both parties by generating more rental and/or hotel related activity.
The possibility of allowing alcohol at the Historical Park has been a major component to
this discussion, as many potential rental opportunities have been missed, particularly
weddings, because of the alcohol prohibition. With Liberty Fest, a major signature event
on the horizon for Memorial Day weekend 2010, discussions regarding the possibility of
allowing alcohol at that event have arisen on several occasions.
Currently, Chapter 50 of the City's Code of Ordinances states, "Within the limits of any
of the parks, it shall be unlawful for any person, except as otherwise provided, to:... (11)
consume or possess alcoholic beverages..."
At the August 17, 2009 Historical Preservation and Restoration Board meeting, the Board
discussed allowing alcohol at certain Historical Park events. A motion was passed to
bring this item before Council for consideration with the Board voting for approval to
allow alcohol for certain events.
At the September 17, 2009 Parks and Recreation Board meeting, the Board discussed
allowing alcohol in parks. A motion was passed recommending ordinance modification
to allow alcohol in parks for special events with specific approval.
Ordinance No. 3054 has been developed that would allow alcohol in parks, with
appropriate approvals. An alcohol policy has been created to be utilized in conjunction
with Ordinance No. 3054.
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The following people spoke in opposition to the proposal allowing alcohol at certain
events in City parks:
Gretchen Cash - 3341 Chaparral Drive
Dave Honnoll - 3022 Eric Lane
Eddy Ketchersid - 3001 Randy
Maxwell Brodrick - 13531 Rawhide
Brenda Brodrick - 13531 Rawhide
Wanda Ferguson - 13210 Veronica
Reggie Mayo - 3034 Phyllis
Karyn Johns - 2635 Mount View
Barbara Honnell - 3022 Eric Lane
The following people spoke in favor of the proposal:
Rick Johnson - 2930 Harlee
Tom Bohmier - 14506 Oakmont
Clay Russell - 2976 Marsann
Larrisa Johnson
Sam Aceves - 14106 Birchlawn
Barbara Russell - 2976 Marsann
Mike DelValle - 3161 Whitemarsh
There followed a lengthy discussion among the City Council.
A motion by Mayor Pro Tern Koch, a second by Councilwoman Holmes, to approved
Ordinance No. 3054 with the addition of a section that would required review of this
ordinance after a one year period, with Koch and Holmes voting "aye", and
Councilmembers Robinson, Froehlich and Scott voting "nay". The motion failed by a 3
to 2 vote.
A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, to adopt the
following captioned Ordinance No. 3054 as submitted, with Councilmembers Koch,
Froehlich and Holmes voting "aye", and Councilmembers Robinson and Scott voting
"nay". The motion passed with a 3 to 2 vote.
ORDINANCE NO. 3054
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES, CHAPTER 50 "PARKS AND
RECREATION," BY AMENDING ARTICLE I "IN GENERAL," SECTION 50-
2 "ENFORCEMENT OF CHAPTER" BY ADDING A NEW PARAGRAPH (D)
REGARDING THE AUTHORITY TO ISSUE PERMITS; AND BY
AMENDING ARTICLE II "RULES AND REGULATIONS." SECTION 50-36
"PROHIBITED ACTS IN CITY PARKS", BY AMENDING PARAGRAPH 11
TO PROVIDE A DEFENSE TO THE PROHIBITION OF POSSESSION OR
CONSUMPTION OF ALCOHOLIC BEVERAGES WHEN THE ALCOHOLIC
BEVERAGE IS SOLD OR SERVED AT APPROVED EVENTS HELD IN
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CITY PARKS; ADOPTING A POLICY REGARDING SERVICE OF
ALCOHOLIC BEVERAGES IN CITY PARKS; REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED $2000.00;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
E.2 CONSIDER ADOPTING RESOLUTION 2009-081 AUTHORIZING THE CITY
MANAGER TO APPROVE THE PURCHASE OF FOUR REPLACEMENT POLICE
PATROL SEDANS FOR THE POLICE DEPARTMENT AND ONE REPLACEMENT
SOLID WASTE ROLL OFF TRUCK FOR THE PUBLIC WORKS SANITATION
DIVISION IN THE TOTAL AMOUNT OF $238,215 AND TAKE APPROPRIATE
ACTION.
Kevin Muenchow, Equipment Services Director, explained the 2009-2010 Fixed Asset
Fund for vehicle and equipment replacement includes four replacement police patrol
sedans for the Police Department and one replacement solid waste roll off truck for
Public Works Sanitation Division. Equipment Services has determined that these
vehicles meet or exceed the recommended replacement criteria of age, maintenance costs
and utilization at the time of replacement.
The City of Farmers Branch requested a quotation from the State Of Texas Cooperative
Purchasing Program for police patrol sedans. The City of Farmers Branch staff evaluated
the quotation as to meeting specifications and desire to award the purchase of the
replacement police patrol sedans to Sam Pack's Five Star Ford in the amount of
$103,552. This expenditure is essential to promote Core Value #lwhich states, "Provide
safety and security for citizens, visitors and businesses through progressive public safety
programs."
The City of Farmers Branch also requested a quotation from the HGAC Purchasing
Cooperative for the solid waste roll off truck. The City of Farmers Branch staff evaluated
the quotation as to meeting specifications and desire to award the purchase of the
replacement solid waste roll off truck to French Ellison Truck Center in the amount of
$134,663. Due to the closing of the Citizen Collection Center, this equipment is essential
to assure efficient and effective operation of the Green Grabber and providing a high
level of service to the citizens.
These quotations are $15,337 under the budgeted amount.
City Administration recommends adopting Resolution 2009-081 awarding the purchase
of four replacement police patrol cars to Sam Pack's Five Star Ford in the total amount of
$103,552 and one replacement solid waste roll off truck to French Ellison Truck Center
in the total amount of $134,663.
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A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
approved Resolution 2009-081 to purchase four replacement police patrol vehicles and
one replacement solid waste roll off truck.
E.3 RECEIVE UPDATE FROM ECONOMIC DEVELOPMENT DIRECTOR
REGARDING CURRENT AND POTENTIAL BUSINESS PROSPECTS FOR
ECONOMIC DEVELOPMENT.
John Land, Director of Economic Development and Tourism, presented highlights and
activity for the Economic Development and Tourism Department.
MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION.
MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE
SESSION AT 5:25 AND THEN CONCLUDED AT 5:50 P.M. TEXAS GOVERNMENT
CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS
PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED
LITIGATION MAY BE DISCUSSED IN CLOSED SESSION.
F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION
551.072.
Discuss purchase, exchange, lease or value of real property in the following areas: for the
area generally bounded by Midway Road, Valwood Parkway and Beltline, 1-635 and
Denton Drive.
Mayor O'Hare stated staff was present to update Council on this item.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor O'Hare explained City Council was updated on items in executive session and no
action was necessary.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
adjourned the City Council meeting of Nove r 3, 2009 at 7:2 p.m.
Mayor City Secretary
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